necessary particularly in this period when South African society is still grappling with the process of purging itself of those laws and practices from our past which do not fit in with the values which underpin the Constitution - if only to remind both authority and citizen that the rules of the game have changed. [101] For the reasons stated above, I concur in the judgment of Didcott J and agree with the reasoning leading to it. I also agree with the order as proposed in the judgment of Mokgoro J. Chaskalson P, Mahomed DP, Ackermann J, Kriegler J and O’Regan J concur in the above judgment of Langa J. [102] MADALA J: The question referred to us in these two cases is the constitutionality of Section 2(1) of the Indecent or Obscene Photographic Matter Act, 37 of 1967. My colleague, Mokgoro J, has prepared a very comprehensive judgment in the matter and comes to the conclusion that the impugned section is in conflict with Section 15 of Constitution - the right of freedom of expression. I do not believe that it is necessary nor indeed desirable for us to decide the issue raised in these cases on the basis of freedom of expression, even though counsel addressed argument at length on this score. However, I agree with the order Mokgoro J proposes. I adopt the route of privacy espoused by Didcott J, and supplemented by Langa J, rather than the route of freedom of speech in arriving at my conclusion that the clause under attack is unconstitutional. The freedom of expression leg is, in my view, both wider, and, I would suggest, more contentious than the privacy leg. That the impugned section is overbroad and vague admits of no doubt. It is, consequently, unconstitutional and cannot be saved by the provisions of Section 33 (1). Nor, in interference with private communication. 56